Can an attorney be called as witness...?

Question

against their own client?

Can the attorneys paralegal be called as witness too?

Answer 1

No. attorney-client privilege would protect anything the attorney learned during the representation from the client. There is an exception for malpractice claims against the attorney.

Same goes for the paralegal. Clients have to be able to have confidential conversations with their attorneys.

I don't know what the facts are of your case, but you probably need an attorney to advise you on this type of thing.

Answer 2

You didn't specify who the attorney is representing. If you intend calling an opponent's attorney, it will likely be unrewarding because of the attorney/client privilege. Moreover, most state bar associations' codes of professional conduct require that an attorney withdraw from representation if he/she becomes a necessary witness is a legal matter. Under such circumstances, you should be extremely certain that it is absolutely necessary to your cause of action or defense that requires the attorney's testimony because you'll have to justify your reasons to the judge, and it will likely boil down to whether or not such evidence is indispensable to your case and that it can only be educed from the testimony of the attorney.

Answer 3

To be quite honest no you cannot. If I am understanding this correctly and being that everyone elses interpretation is attorney/client priviledge would be prejudicial. There has to be circumstanial cause and it will have to be presented before a judge before that kind of determination. There are certain circuit rules which give certain types of immunity to attorneys and their staff from being sequestered or subpoenaed to appear. The reason being and most common cause is conflict of interest. Unless you have otherswise don't be surprised if the judicial circuit denies your request. One point of reminder they have a networking relationship and a professional ethic upheld by the supreme court of your state.

Answer 4

Called? Sure, though the judge would likely demand an explanation from the other attorney. There is such a thing as attorney/client privacy; he can't be coerced into divulging ANY information he learned from you as a result of your being his client unless it involves admitting to an unsolved crime.

Answer 5

I'm not prone to jumping to conclusions so before I give you an answer I need to know the nature of the suit and if the attorney is currently defending the client in the above suit?

Answer 6

If the lawyer isn't representing all of us in contact interior the case and only happens to be a legal professional, they are in a position to call them. they are in a position to call them besides, however the lawyer might use the lawyer shopper privilege to refuse to respond to questions. they are in a position to't legally answer questions and can lose their license in the event that they do. yet whilst they have been only a chum to the guy and not their lawyer, then they are in a position to't use privilege. even nevertheless, in my adventure, friends of attorneys will nonetheless ask legal questions. And the privilege will prepare. (some declare it would not prepare in the event that they have not paid or signed an settlement, yet that's no longer actual.) in the event that they lawyer is a chum as properly because of the fact the shopper, they'll probable refuse to respond to because of the fact that is too demanding to split what's privilege and what isn't. character witnesses are rarely used as they are actually not proper and not in accordance with reality. (Custody circumstances are an exception.) If the lawyer's shopper waives privilege, then the lawyer ought to testify. no longer likely nevertheless, because of the fact they might ask approximately each and every of the stuff concerning the lawyer and shopper and few opt to open that up.

Answer 7

You can issue a subpoena to anyone however they can refuse to testify based on client-attorney privilege

Answer 8

Probably...


Nobody is safe from a subpoena